HomeMy Public PortalAbout03/11/2011MAYOR: William F. Koch, Jr.
VICE MAYOR: Joan K. Orthwein
COMMISSIONER: Muriel J. Anderson
Fred B. Devitt III
Chris D. Wheeler
_ REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE
THE TOWN OF GULF STREAM ON FRIDAY, MARCH 11, 2011 AT
IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA
FLORIDA.
AGENDA
I. Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
IV. Minutes.
A. Regular Meeting of February 4, 2011.
B. Special Meeting of March 1, 2011
March 3, 2011
TOWN COMMISSION OF
11:00 A.M.
ROAD, GULF STREAM,
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. April 8, 2011 @ 9 A.M.
2. May 13, 2011 @ 9 A.M.
3. June 10, 2011 @ 9 A.M.
4. July 8, 2011 @ 9 A.M.
5. August 12, 2011 @ 9 A.M.
6. September 9, 2011 @ 9 A.M.
VII. Reports.
A. Town Manager
B. Architectural Review & Planning Board
1. Meeting Dates
a. March 24, 2011 @ 8:30 A.M.
b. April 28, 2011 @ 8:30 A.M.
c. May 26, 2011 @ 8:30 A.M.
d. June 23, 2011 @ 8:30 A.M.
e. July28, 2011
C. Finance Director
1. Financial Reports
a. January 2011
b. February 2011
2. Water Usage as of 1 -31 -11
D. Police Chief
1. Activity for February 2011
VIII. Items for Commission Action.
A. Resolution No. 011 -3; A Resolution of the Town Commission of
the Town of Gulf Stream, Palm Beach County, Supporting Police
Officer and Firefighter Pension Plan Reforms.
B. Items by Mayor & Commissioners
IX. Public.
X. Adjournment.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID
PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY
NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO
BE BASED. F.S.S. 286.0105
MAYOR:
VICE MAYOR:
COMMISSIONER
William F. Koch, Jr.
Joan K. Orthwein
Muriel J. Anderson
Fred B. Devitt III
Chris D. Wheeler
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM ON FRIDAY, MARCH 11, 2011 AT 11:00 A.M.
IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM,
FLORIDA.
AGENDA
I. Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
IV. Minutes.
A. Regular Meeting of February 4, 2011.
B. Special Meeting of March 1, 2011
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. April 8, 2011 @ 9 A.M.
2. May 13, 2011 @ 9 A.M.
3. June 10, 2011 @ 9 A.M.
4. July 8, 2011 @ 9 A.M.
5. August 12, 2011 @ 9 A.M.
6. September 9, 2011 @ 9 A.M.
VII. Reports.
A. Town Manager
B. Architectural Review & Planning Board
1. Meeting Dates
a. March 24, 2011 @ 8:30 A.M.
b. April 28, 2011 @ 8:30 A.M.
c. May 26, 2011 @ 8:30 A.M.
d. June 23, 2011 @ 8:30 A.M.
e. July28, 2011
C. Finance Director
1. Financial Reports
a. January 2011
b. February 2011
2. Water Usage as of 1 -31 -11
D. Police Chief
1. Activity for February 2011
VIII. Correspondence
A. Resolution No. 11 -11; A Resolution of the Town Council of
the Town of Palm Beach, Palm Beach County, Florida, Urging
All Palm Beach Citizens and the Elected Officials and
Leadership of Various Palm Beach County Governmental Bodies
To Do All Things Within Their Power To Bring the Palm Beach
County Sheriff's Office and the Palm Beach County School
District Under the Oversight of the Office of Inspector
General to Facilitate Prudent and Restrained Budget
Governance With Reduced Fraud and Waste; Setting Forth
Instructions For Distribution Of This Resolution; Providing
An Effective Date. -Town of Palm Beach
IX. Items for Commission Action.
A. Resolution No. 011 -3; A Resolution of the Town Commission of
the Town of Gulf Stream, Palm Beach County, Supporting Police
Officer and Firefighter Pension Plan Reforms.
r -
AGENDA CONTINUED
B. Resolution No. 011 -4; A Resolution of the Town Commission of
the Town of Gulf Stream, Palm Beach County, Florida, Declaring
Zoning in Progress Relating to Recently Annexed Lands Within
The Town of Gulf Stream Consisting of Approximately 16.6
Acres, Also -Known As the "South Pocket ", So As To Allow A
Study To be Undertaken In Regard To Comprehensive Plan
Policies Relating To Said Areas And Zoning Regulations
Relating Thereto; Requiring That No Building Permits Be Issued
By The Town During The Period That Zoning Is In Progress For
Any Project Which May Be In Contravention Of Any Proposal
Under Study; Providing An Effective Date.
C. Items by Mayor & Commissioners.
X. Public.
XI. ' Adjournment.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID
PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY
NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO
BE BASED. F.S.S. 286.0105
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MARCH 11, 2011 AT 11:00
A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF
STREAM, FLORIDA.
I. Call to order.
Mayor Koch called the
meeting to order at 11:00
A.M.
II. Pledge of Allegiance. The Pledge of Allegiance was led by the
Mayor.
III. Roll Call.
Present and
William F. Koch, Jr.
Mayor
Participating
Joan K. Orthwein
Vice -Mayor
Chris D. Wheeler
Commissioner
Muriel J. Anderson
Commissioner
Fred B. Devitt, III
Commissioner
Also Present and
William H. Thrasher
Town Manager
Participating
Rita L. Taylor
Town Clerk
Garrett J. Ward
Police Chief
John Randolph
Town Attorney
IV. Minutes.
A. Regular Meeting of February 4, 2011.
B. Special Meeting of March 1, 2011.
Commissioner Anderson moved and Vice -Mayor Orthwein seconded to approve
the Minutes of the Regular Meeting of February 4, 2011 and the Minutes
of the Special Meeting of March 1, 2011. There was no discussion. All
voted AYE.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
Town Manager, William Thrasher, stated that there were changes to the
Agenda, as follows: Item X "Adjournment" is renumbered to Item XI; Item
IX "Public" is renumbered to Item X; Item VIII "Items for Commission
Action" is renumbered to Item IX; Item VIII.A. "Resolution No. 011 -3" is
renumbered to Item IX.A; Item VIII.B. "Items by Mayor & Commissioners"
is renumbered as Item IX.C; and, "Resolution No. 011 -4 ", a Resolution by
the Town of Gulf Stream for Zoning in Progress is added as Item IX.B.
Item VIII is renamed to read "Correspondence" and Resolution No. 11 -11,
a Resolution by the Town of Palm Beach, is added as Item VIII.A. Town
Clerk, Rita Taylor, distributed the Amended Agenda to the Commissioners.
VI. Announcements
A. Regular Meetings and Public Hearings
1. April 8, 2011 @ 9 A.M.
2. May 13, 2011 @ 9 A.M.
3. June 10, 2011 @ 9 A.M.
4. July 8, 2011 @ 9 A.M.
5. August 12, 2011 @ 9 A.M.
6. September 9, 2011 @ 9 A.M.
Mayor Koch asked the Commissioners if there were any conflicts in the
meeting schedule. Commissioner Wheeler stated that he will not be
available for the April 8, 2011 meeting. There were no other conflicts.
Regular Meeting and Public Hearing
Town Commission - March 11, 2011 Page 2
VII. Reports.
A. Town Manager
Mr. Thrasher said the Town has not yet received Assessment Methodology
for undergrounding from the consultants. He asked for guidance in this
matter, stating that the Assessment Methodology is very complex and
difficult to explain, and it may be challenged. Mr. Thrasher asked the
Commissioners if they wanted to schedule a work session for the purpose
C; of having the consultants give an Assessment Methodology presentation,
or would they prefer the consultants give their presentation during a
Regular Commission Meeting. Commissioner Wheeler suggested the
Assessment Methodology be presented during a Regular Meeting and if it
becomes cumbersome and difficult to understand, they would schedule a
work session. The Mayor and Commissioners agreed.
Mr. Thrasher said the standard renewal of the GeoCast Contract (Reverse
911 Contract) with Palm Beach County is due. He said the new contract
has been received and reviewed by staff and Mr. Randolph and renewal is
recommended. There is an annual fee of $1,500 for this service. Mr.
Thrasher asked for authorization for Mayor Koch to sign the contract
renewal when he is comfortable with the content. Commissioner Anderson
said that residents typically do not use or answer their land line in an
emergency and suggested that cell phone numbers be used on the call
list. Commissioner Devitt suggested using the Town's Newsletter to
remind Gulf Stream residents to contact Town Hall and provide staff with
the best number to reach them in the event of an emergency. Vice -Mayor
Orthwein moved and Commissioner Devitt seconded to authorize Mayor Koch
to sign the contract. There was no discussion. All voted AYE.
B. Architectural Review & Planning Board
1. Meeting Dates
a. March 24, 2011 @ 8:30 A.M.
b. April 28, 2011 @ 8:30 A.M.
c. May 26, 2011 @ 8:30 A.M.
d. June 23, 2011 @ 8:30 A.M.
e. July 28, 2011
Clerk Taylor said the Architectural Review and Planning Board will hold
the March 24th meeting and results of that meeting will be provided to
the Commissioners in their next meeting packet.
C. Finance Director
1. Financial Reports
a. January 2011
Mr. Thrasher asked that the January 2011 Report be approved as
C) submitted. He said the January Report was prepared in time for the
February Meeting, but Commissioners did not have time to review and
approve the Report. Commissioner Anderson asked if the Town breaks even
on water sales. Mr. Thrasher said the objective is to break even, but
sometimes we are either a little above or a little below. We do not
anticipate making a lot of money, but we do not expect to lose money.
Mr. Thrasher said this is monitored regularly and we have had some mid-
year adjustments; however there is no recommendation to do so at this
time. Commissioner Devitt moved and vice -Mayor Orthwein seconded to
approve the January 2011 Report. There was no discussion. All voted
AYE.
Regular Meeting and Public Hearing
Town Commission - March 11, 2011 Page 3
b. February 2011
Mr. Thrasher asked that the February 2011 Report be approved as
submitted. Commissioner Devitt moved and Commissioner Anderson seconded
to approve the February 2011 Report. There was no discussion. All
voted AYE.
2. Water Usage as of 1 -31 -11
There was no discussion.
C D. Police Chief
1. Activity for February 2011
Chief Ward asked that the Activity Report for
as submitted. There was no discussion. The
submitted.
VIII. Correspondence.
February 2011 be accepted
Report was accepted as
A. Resolution No. 11 -11; A Resolution of the Town Council of
the Town of Palm Beach, Palm Beach County, Florida, Urging
All Palm Beach Citizens and the Elected Officials and
Leadership of Various Palm Beach County Governmental Bodies
To Do All Things Within Their Power To Bring the Palm Beach
County Sheriff's Office and the Palm Beach County School
District Under the Oversight of the Office of Inspector
General to Facilitate Prudent and Restrained Budget
Governance With Reduced Fraud and Waste; Setting Forth
Instructions For Distribution Of This Resolution; Providing
An Effective Date. -Town of Palm Beach
Clerk Taylor read Resolution No. 11 -11 in title and said a similar
resolution was prepared for Gulf Stream if the Commission would like to
support Palm Beach. Commissioner Wheeler asked where the oversight is
provided for these two entities. Mr. Thrasher said they did not join in
and they are exempt. None of their budget dollars are used to fund the
cost of the Inspector General's Office and the Ethics Commission, which
makes the cost higher for everyone that did join in. Mayor Koch said
the Town should not have voted in favor.
Commissioner Wheeler said he supports the Town of Palm Beach and moved
to adopt a similar resolution by the Town of Gulf Stream. Clerk Taylor
said the Resolution No. is 011 -5. Mayor Koch said he is not in favor of
adopting the resolution because he feels it would support the Inspector
General's Office without knowing what the Inspector General can do and
how it could affect the Town. He said City Managers have met and have
Cquestions concerning this matter and he would like answers to those
0 questions before adopting a resolution. Commissioner Wheeler said the
Town is already under the Inspector General's oversight and a resolution
would only be in support of placing the Sheriff's Office and the School
District under the same oversight. Mr. Thrasher said the residents
voted for this, it was a dual referendum vote and all municipalities
were in favor. The Inspector General has already doubled her staff and
the Executive Director has had a 10% increase. He said these are things
we should have considered before the vote and now we should consider how
best to manage our costs, and it will reduce our costs if these two
entities join in. Commissioner Wheeler said his motion still stands.
Mayor Koch said it is the principal of the matter. Mr. Thrasher said
Regular Meeting and Public Hearing
Town Commission - March 11, 2011 Page 4
the Mayor is correct, and Managers are challenging the Ordinance as it
relates to Home Rule Authority and the whole Commission - Manager concept.
He said the Ordinance as he understands it would allow the Inspector
General to just walk in and start directing staff. Although she has
said she does not intend do that, the Ordinance gives her that power and
Managers feel that the Ordinance should be changed, but it is a separate
issue. Mr. Randolph agreed that it is a separate issue and has nothing
to do with the proposed resolution; however, the proposed resolution
must be read by title. Clerk Taylor read Resolution No. 011 -5 in title,
presented for adoption this 11th day of March, 2011. Vice -Mayor Orthwein
seconded Commissioner Wheeler's motion to adopt Resolution No. 011 -5.
Roll Call: Vice -Mayor Orthwein, AYE; Commissioner Devitt, NO;
Commissioner Anderson, NO; Commissioner Wheeler, AYE; and, Mayor Koch,
NO. The adoption of Resolution No. 011 -5 failed by a vote of 3 - 2 not
in favor.
Mayor Koch said the way the Ordinance currently reads, it gives the
Inspector General too much power and it may be changed if challenged in
court.
IX. Items for Commission Action.
A. Resolution No. 011 -3; A Resolution of the Town Commission of
the Town of Gulf Stream, Palm Beach County, Supporting Police
Officer and Firefighter Pension Plan Reforms.
Clerk Taylor read Resolution No. 011 -3 in title, presented for adoption
this 11th day of March, 2011. Mr. Thrasher said that based on the
present pension requirements through the State of Florida there are
certain unfunded mandates. This does not pertain to the Town of Gulf
Stream because the Town does not have a pension plan, it has a defined
contribution system, but many municipalities have a pension plan and
they feel that present law is unfair because it creates unfunded
mandates and their ability to use 178/175 money is restricted. This
resolution is a show of support of those who have retirement plans and
who are asking the State to get involved and help them with the
legislature for modification. Mr. Randolph it is in support of
providing municipalities more flexibility to deal with their own police
and fire pension plans. He said the last WHEREAS clause on the first
page reads, "WHEREAS, the municipalities are not seeking a handout from
the Legislature, but are instead asking the Legislature to untie their
hands so they can address their pension issues locally and in a manner
O that best serves their citizens." vice -Mayor orthwein moved and
Commissioner Wheeler seconded to adopt Resolution No. 011 -3. There was
no discussion. All voted AYE.
B. Resolution No. 011 -4; A Resolution of the Town Commission of
the Town of Gulf Stream, Palm Beach County, Florida, Declaring
Zoning in Progress Relating to Recently Annexed Lands Within
The Town of Gulf Stream Consisting of Approximately 16.6
Acres, Also Known As the "South Pocket ", So As To Allow A
Study To be Undertaken In Regard To Comprehensive Plan
Policies Relating To Said Areas And Zoning Regulations
Relating Thereto; Requiring That No Building Permits Be Issued
By The Town During The Period That Zoning Is In Progress For
Regular Meeting and Public Hearing
Town Commission - March 11, 2011 Page 5
Any Project Which May Be In Contravention Of Any Proposal
Under Study; Providing An Effective Date.
Clerk Taylor read Resolution No. 011 -4 in title, presented for adoption
this 111h day of March, 2011. Commissioner wheeler moved and Vice -Mayor
Orthwein seconded to adopt Resolution No. 011 -4. There was no
discussion. All voted AYE.
C. Items by Mayor & Commissioners.
GVice -Mayor Orthwein said a group of younger residents in Town have
inquired about speed bumps, mainly on Gulf Stream Rd. by the school, and
she wanted to get an idea of how everyone feels about liability. Mayor
Koch said he is not in favor of speed bumps and said parents should stay
off cell phones and pay attention to the speed limit. Vice -Mayor
Orthwein said the Town speed limit is 20 MPH and some residents do not
stay within the limit. Mayor Koch said it is a law enforcement issue.
Chief Ward agreed and said there is considerable liability involved with
speed bumps. He said they frequently run radar on Gulf Stream Rd. and
have not caught any speeders. Vice -Mayor Orthwein said the residents
who complained may attend the next Commission meeting. She said
Golfview Rd. and other areas are also a problem. Commissioner Wheeler
said he is not in favor of speed bumps, but the City of Delray Beach has
some traffic - calming effects in place which the Town could look into.
Commissioner Anderson stated that she had conversations with Roberta
Horowich of Palm Beach, Gail Coniglio who is the Mayor of Palm Beach,
and Marci Nolan of Ft. Lauderdale, concerning the Town of Gulf Stream
and Annexation prior to the Annexation vote. Mr. Randolph said
disclosure of ex -parte communications is required when you hold a quasi -
judicial hearing, such as an application for a variance or special
exception of site plan review. He said Commissioner Anderson did not
vote on annexation, she only allowed the annexation matter to go
forward, so there is no obligation on her part to disclose ex -parte
communications. He added that when you disclose ex -parte
communications, you must include who you spoke to and you must be more
specific concerning what you talked about.
X. Public.
Mr. Robert Ganger, President of the Gulf Stream Civic Association, said
out of 36 municipalities, Gulf Stream voted lowest in favor of the
Office of Inspector General. He said if we were more effective in
communicating the pros and cons, residents would have had a better
understanding of the issue and it could have been a negative vote. Mr.
�i Ganger said the Commission must consider ways of effectively
communicating pros and cons to residents concerning issues on which they
will be voting, without taking a stand.
XI. Adjournment. Commissioner
seconded to adjourn the meeting.
approximate y 11:35 A.M.
ai C. Abbale
Administrative Assistant
Devitt moved and Commissioner Wheeler
The meeting was adjourned at